Grievable & Other Matters

Thank you for visiting.  Below you will find information on issues that, if applicable, you should contact your local steward or PEF rep to discuss.

Please also visit our Council /Member Tools page for additional information!

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Reminder:  Please do not use agency email to communicate non-agency or union matters. 

Every PEF Div 240 steward has a pefdiv240.org or pef.org email.  Please communicate via personal to/from union email.  Please see the “Contact Us” link.   Thank you.

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NYS CS ATTENDANCE & LEAVE MANUAL:  https://www.cs.ny.gov/attend_leave_manual/index.cfm

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JOB POSTINGS

Please be advised that SIF is no longer posting job vacancies on their management bulletin boards. All SIF job vacancies can be found on SIF’s intranet under Administration -> NYSIF Job Postings.

Another resource for job vacancies for SIF and other agencies is: https://statejobs.ny.gov/.

Check both the intranet and the StateJobsNY – For State Employees section often for updated vacancies.

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If you are the subject of an interrogation:


RETURN TO WORK ISSUES?  Personal or Worker’s Comp?    See your local PEF rep or Email kczachorowski@pef.org

REASONABLE ACCOMMODATION ISSUES, email your PEF stewards via the “Contact Us” page.

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RE:  SIF JOB POSTINGS

Discrepancies have been reported in job postings between SIF’s intranet and the Civil Service website.

Please be sure to check both websites.  You may not qualify on one posting, but you may qualify on another.

https://statejobsny.com/public/vacancyTable.cfm

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4/29/18:  SIF INSURANCE FUND HEARING REPS – See your local steward for recent information about the virtual hearing process.  Questions or concerns, email Kathy Czachorowski at kczachorowski@pef.org for information.

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After 3/18/18, required documentation should simply state, “seen for cancer screening”.

Cancer Screening Changes
Effective March 18, 2018, Section 159-c of the Civil Service Law (Prostate Cancer Screening (PCS)) is repealed. Section 159-b of the Civil Service Law (Breast Cancer Screening) is amended to entitle employees to paid leave without charge to leave credits, for screening of all cancers. Effective March 18, 2018, Breast Cancer Screening (BCS) will be known as Cancer Screening (CS) and will become available to all employees for the remainder of the 2018 calendar year. Employees who have used 4.0 hours for BCS prior to March 18, 2018, are not entitled to 4.0 additional hours for CS in 2018. Employees who charge CS leave credits for cancer screening on or after March 18, 2018, must provide medical documentation that their absence was for the purpose of cancer screening. Medical documentation must be forwarded to PersonnelOps@NYSIF.com. Beginning January 1, 2019, CS will be available for the full calendar year. This benefit is not cumulative and expires at the close of business on the last day of each calendar year.

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Performance Evaluation Appeals Committee.
FYI.  There is an evaluation appeals committee in place at the agency level that will address members who receive an Unsatisfactory Performance Evaluation.
In the event of an unsuccessful appeal, there also exists a Statewide Performance Evaluation Appeals Committee that can be considered for further appeal.
Both of these committees are composed of a management representative, a PEF representative, and a neutral party.
If you have received an unsatisfactory evaluation and would like to discuss filing an appeal, contact your local steward for assistance.
You have 15 calendar days from receipt of an unsatisfactory rating to appeal.
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Please see the tentative classification standard for the following titles:

Please submit your comments or concerns in writing to: 

E-mail:             NMcCauliffe@pef.org – please also copy a PEF rep at NYSIF.

Or

U.S. Mail:        The Public Employees Federation

Civil Service Enforcement/Research Department

P.O. Box 12414

Albany NY 12212-2414

 

Please note that PEF will not submit comments on this Tentative Classification Standard to the Department of Civil Service, the Division of Classification and Compensation, unless we receive input from our members in this title or from their PEF representatives.

Public Info Ass’t

Public Info Spec 1-2 & 3

Public Info Manager

Tentative_Classification_Standard

Comments must be submitted no later than February 9th, 2018

TCS-1348 – Tentative Classification Standard:

Training Specialist 1-2 (and parenthetics)

Production Planning and Control Manager     

Fw_TS-1348_Tentative_Classification_Standards_Training_Specialist_1-2_(and_parenthetics)_Production_Planning_and_Control_Manager         

Comments must be submitted no later than, Friday, February 16, 2018

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Below please find an improper practice charge filed by PEF on 8/1/17 against SIF.

This grievance is in relation to employees who are having difficulty being allowed to return to work by SIF after having been out on a personal disability.  If you this applies to you, contact your local steward or PEF Field Rep.

DETAILS OF CHARGE

The Charging Party, the New York State Public Employees Federation, AFL-CIO (hereinafter “PEF”), for its Improper Practice Charge, alleges as follows:

  1. PEF is the certified collective bargaining representative of employees in the Professional, Scientific and Technical (“PS&T”) Unit of State employees under Article 14 of the Civil Service Law.
  2. Respondent New York State (hereinafter “the State”) is a public employer under Article 14 of the Civil Service Law.
  3. The State Insurance Fund (hereinafter “SIF”) is an agency within the Executive Branch of the State, with all the powers and duties conferred by relevant laws, rules, and regulations. Eric Madoff is its Executive Director and Chief Executive Officer.
  4. The Governor’s Office of Employee Relations (“GOER”) is an office established pursuant to the Executive Law to, inter alia, negotiate terms and conditions of employment with State employee bargaining representatives, including PEF. Richard Ahl is the Acting Director of GOER.
  5. All professional state employees employed by SIF are in the PS&T Unit represented by PEF.
  6. On April 26, 2017, PEF was made aware of changes to SIF’s Extended Medical Leave, Maternity Leave, and Childcare Leave policies (“Time and Attendance Policy”), based on a posting to the SIF internal internet system, or IntraNet, within the SIF Employee Handbook. (See Exhibit A).
  7. The “Report of Employee Absence” form, attached hereto as part of Exhibit A, shows a revision date of 4/2017 in the lower left corner of the document. Upon information and belief, on or about April 2017 is the date these policy changes were implemented.
  8. The previous version of the SIF Employee Handbook is dated 2014, and contains all the policies that were in effect prior to the April 2017 changes. (See Exhibit B).
  9. These policies, and all policies contained within the SIF Employee Handbook, apply to all PS&T SIF employees.
  10. On May 3, 2017, PEF Field Representative John Pollack sent an electronic mail (“email”) to SIF Director of Human Resources Alyce Siegel, requesting information on the April 2017 changes to SIF’s Medical Leave Policy and requesting a response on or by May 24, 2017. (See Exhibit C).
  11. On May 18, 2017, Mr. Pollack sent a letter via certified mail, return receipt requested, the Ms. Siegel, again requesting information on the April 2017 changes, informing SIF of PEF’s position that these policies contain mandatory subjects of bargaining under the Taylor Law, and requesting a response from Ms. Siegel on or by May 24, 2017. (See Exhibit D).
  12. On the morning of May 24, 2017, Mr. Pollack called Heather Woolfolk, SIF Affirmative Action Officer and Leave and Attendance Unit Supervisor, to discuss the April 2017 Extended Medical Leave Policy changes. Upon information and belief, Ms. Woolfolk declined to speak to Mr. Pollack until she received an email from him regarding his concerns.
  13. Between May 24 and June 8, 2017, Mr. Pollack sent a series of emails to Ms. Woolfolk regarding these changes to the SIF Time and Attendance Policy. She did not respond. (See Exhibit E).
  14.  On May 24, 2017, Mr. Pollack sent a letter via certified mail, return receipt requested, to Joseph Mullen, SIF Director of Administration, filing a PEF Class Action Grievance at Step 2 (“the May 24, 2017 Class Action Grievance”), citing violations of Articles 12, 28, 30, and 45 of the NYS-PEF Collective Bargaining Agreement (“the CBA”), the American with Disabilities Act (ADA), and the Family Medical Leave Act (FMLA). (See Exhibit F).
  15. On June 22, 2017, Mr. Pollack sent Ms. Siegel a Taylor Law discovery demand letter via certified mail, return receipt requested, requesting information for the May 24, 2017 Class Action Grievance by close of business, July 7, 2017.(See Exhibit H).
  16. On July 11, 2017, Ms. Siegel responded to Mr. Pollack’s grievance information request via regular mail letter. (See Exhibit I).
  17. On July 20, 2017, at 10am, PEF and SIF had a Statewide Labor-Management meeting at SIF’s premises at 199 Church Street in the 13th Floor Conference Room. The April 2017 changes to the Extended Medical Leave policy were part of the mutually agreed-upon Statewide Labor-Management Agenda items, appearing as item number 12. (See Exhibit J).
  18. Representing SIF Management at this meeting were Cliff Meister (Statewide Labor-Management Co-Chair), Alyce Siegel, Heather Woolfolk, and other members of the SIF Labor-Management Committee. PEF was represented by Statewide Labor-Management Co-Chair Melanie Rush, PEF Council Leader Kathy Czachorowski, PEF Labor-Management Committee Secretary Shentah Pizarro, PEF Statewide Field Representative Milena Pisano McNally, and other members of the PEF Labor-Management Committee.
  19. At this meeting, At that meeting, PEF was informed by SIF management that: (a) the “no restrictions” language on return to work medical notes would be removed, although management did not provide a timeline for this change to the current policy; (b) electronically signed medical notes would be accepted if directly sent to SIF by the medical provider; (c) that PEF had “negotiated with management” sometime in or around 2014, the last time the SIF Employee Handbook was re-opened by joint committee, the addition of a recurring 28-day requirement for provision of medical documentation when an employee is out on any extended leave; (d) that management would consider eliminating the “prognosis” requirement contained within the new April 2017 policy, which PEF had argued was broader than the scope of Article 30, the governing contractual provision in CBA; and (e) that management would consider modifying the “diagnosis” requirement contained within the new April 2017 policy to a “brief diagnosis,” as per Article 30 within the CBA. (See Exhibit K).
  20. This information was contemporaneously recorded in the SIF Statewide Labor Management Minutes (“the Minutes”), according to mutually agreed upon custom and practice. The unedited Minutes, as taken by Ms. Pizarro, are attached hereto. (See Exhibit L).
  21. In addition, this information was recorded in Ms. Pisano-McNally’s hand-written notes, as written contemporaneously, at the time of the discussion. (See Exhibit M).
  22. On or about July 27, 2017, Ms. Pisano-McNally and Ms. Czachorowski confirmed that upon information and belief, item (c), as enumerated supra in paragraph 19, was not, in fact, negotiated with PEF. Instead, upon information and belief, PEF discovered that the “28-day” language had not been added to the SIF Employee Handbook until April 2017. (See Exhibits A and B).
  23. On July 31, 2017, Ms. Pisano McNally sent an email to Ms. Siegel, Mr. Mullen, and Mr. Meister, formally demanding to bargain over the unilateral imposition of the 2017 changes to the Time and Attendance Policy, specifically items (c), (d), and (e) as enumerated in paragraph 19 supra. (See Exhibit N). PEF has not yet received a response.

IMPROPER PRACTICES

  1. By unilaterally changing SIF’s Extended Medical Leave, Maternity Leave, and Childcare Leave policies as part of the SIF Time and Attendance Policy, absent bargaining with PEF, the SIF has changed the terms and conditions of employment of affected employees represented by PEF.
  2. Further, SIF engaged in an act of bad faith by intentionally stating that these changes (recited in paragraph 20, supra), had been previously negotiated with PEF.
  3. The SIF has explicitly failed to respond to PEF’s demand to negotiate over the April 2017 changes to the SIF Time and Attendance Policy.
  4. By its unilateral action in changing this policy, as set forth above, SIF has violated Civil Service Law209-a.1(d).

REMEDY

WHEREFORE, PEF respectfully requests that PERB grant the following relief:

  1. FIND that, by the actions alleged above, the State, through its agents GOER and the Department, has failed to negotiate in good faith with PEF, in violation of Civil Service Law 209-a.1(d); and
  2. ORDER the State to cease and desist implementation of the April 2017 changes to the Time and Attendance policy until this Improper Practice charge is decided by PERB at the hearing level.
  3. ORDER the State to cease and desist from failing to negotiate in good faith with PEF; and
  4. ORDER the State to restore the status quo; and
  5. ORDER the SIF to engage in impact bargaining with PEF over the implementation of this policy; and
  6. ORDER the State to make any and all adversely affected employees whole; and
  7. ORDER the State to post the appropriate notices within the SIF’s headquarters and through its intranet and email systems; and
  8. GRANT such other and full relief as PERB may find is proper.

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